Surrogacy ACT is regulated by the Parentage Act 2004, which was reformed in June 2024. If you are an intended parent living in the ACT, then the surrogacy laws that apply to you are those of the Australian Capital Territory. This is the case, even if your surrogate lives in another state.
If you are new to surrogacy ACT, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options. You can also read a broad overview of surrogacy in Australia.
You can also purchase Sarah’s book, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, the only guide to surrogacy in Australia.
The criteria for surrogacy ACT includes that:
- The birth mother is over 25 years of age.
. - Both traditional surrogacy and gestational surrogacy are permitted in ACT, since the 2024 reforms.
. - Each of the intended parents must be at least 25 years of age. Intended parents can be single, or in a couple – married or defacto.
. - The arrangement is altruistic. The intended parents must cover the birth mother’s out of pocket expenses in accordance with the law. Commercial surrogacy is illegal.
. - That the parties have undergone surrogacy counselling about the arrangement with a qualified surrogacy counsellor.
. - That the parties have obtained legal advice about the arrangement and there must be a written Surrogacy Agreement signed by all the parties.
. - Advertising is allowed in surrogacy ACT – this means you can publish your story and search for a surrogate or intended parents.
ACT intended parents can seek IVF treatment outside the ACT, at any clinic they wish.
Commercial surrogacy remains illegal in ACT, and for intended parents pursuing surrogacy elsewhere. You should get legal advice before pursuing surrogacy in another jurisdiction.
After the birth, the parents apply for a Parentage Order in the ACT Supreme Court.
You can read more about the process for surrogacy arrangements, and how to find a surrogate in Australia.
Are you interested in becoming a surrogate? You can read about becoming a surrogate and access a free initial advice session with me.
If you would like to know more about how surrogacy works in Australia and the Australian Capital Territory, you might like to download the Surrogacy Handbook, listen to the Surrogacy Podcast, or book in for a consult with Sarah below.
If you’re from another state, you can find all the details of the surrogacy laws that apply to you.
Sarah can assist with surrogacy arrangements across all States, including Canberra and the ACT and cross-border arrangements. All advice is conducted over Zoom and email, You can contact me here. You can book in for a consult with me below, and check out the legal services I provide.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements. I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018
I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.
